59-30,135.

410 words·~2 min read·/ks/chapter-59/59-30-35

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

59-30,135. Emergency guardian for minor.

(a)On its own, or on verified petition by a person interested in a minor's welfare, the court may appoint an emergency guardian for the minor if the court finds a sufficient factual basis to establish probable cause that:

(1)Appointment of an emergency guardian is necessary to prevent imminent and substantial harm to the minor's health, safety or welfare; and

(2)no other person has authority and willingness to act in the circumstances.

(b)The duration of authority of an emergency guardian for a minor may not exceed 30 days, and the emergency guardian may exercise only the powers specified in the order of appointment. The emergency guardian's authority may be extended up to three times for not more than 30 days per extension if the court finds good cause and that the conditions for appointment of an emergency guardian in subsection

(a)continue.

(c)Except as otherwise provided in subsection (d), reasonable notice of the date, time and place of a hearing on a petition for appointment of an emergency guardian for a minor must be given to:

(1)The minor, if the minor is 12 years of age or older;

(2)any attorney appointed under K.S.A. 59-30,131 , and amendments thereto;

(3)each parent of the minor;

(4)any person, other than a parent, having care or custody of the minor; and

(5)any other person the court determines.

(d)The court may appoint an emergency guardian for a minor without notice under subsection

(c)and without a hearing only if the court finds from an affidavit or testimony that the minor's health, safety or welfare will be substantially harmed before a hearing with notice on the appointment can be held. If the court appoints an emergency guardian without notice to an unrepresented minor or the attorney for a represented minor, notice of the appointment must be given not later than 48 hours after the appointment to the individuals listed in subsection (c). Not later than seven days after the appointment, the court shall hold a hearing on the appropriateness of the appointment.

(e)Appointment of an emergency guardian under this section, with or without notice, is not a determination that a basis exists for appointment of a guardian under K.S.A. 59-30,128 , and amendments thereto.

(f)The emergency guardian shall make any report the court requires.

(g)The court may remove an emergency guardian appointed under this section at any time.